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The doctors who delivered my baby didn’t make sure she had enough oxygen during birth and now she suffers from a brain injury. My doctors told me about NICA (Florida Birth-Related Neurological Injury Compensation Association) and said I couldn’t sue them because they had told me they participated in NICA. The hospital never told me anything about that Can I take the hospital to court?

The doctors who delivered my baby didn’t make sure she had enough oxygen during birth and now she suffers from a brain injury. My doctors told me about NICA (Florida Birth-Related Neurological Injury Compensation Association) and said I couldn’t sue them because they had told me they participated in NICA. The hospital never told me anything about that? Can I take the hospital to court?

A: If the hospital failed to notify you that it participates in the program, then you can take them to court. However, by taking the hospital to court, Florida law states that you give up your option to apply for benefits under the NICA plan. You have the choice of doing one or the other not both. That is, you can choose to accept benefits under this program or you can sue the hospital, but you cannot do both.

For more information about NICA, read this Florida birth injury lawyer library article.

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